The Nigerian government has stated that it is open to all options, including a political solution, to resolve the crisis surrounding separatist agitations in the country’s south east and south west.
Mr Abubakar Malami, SAN, Attorney General of the Federation (AGF) and Minister of Justice, gave the indication in an interview with journalists on Wednesday in Abuja.
The AGF, while stating that criminal acts would not go unpunished, also stated that the government has been using the amnesty policy to address some security issues in the country, and thus the possibility of a political solution cannot be ruled out.
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Malami also discussed the current dispute between the federal government and the Nigeria Governors Forum (NGF), as well as the international arbitration involving Nigeria and Process and Industrial Development (P& ID) company on the one hand, and Sunflower firm on the other, over the Mambila power projects.
When asked if the federal government is open to a political solution to the cases of Kanu and Igboho, as suggested by some leaders and other stakeholders in the country, Malami stated that while such consideration is not yet on the table, he would not mind taking a shot at it once there is a plan in place.
“In terms of the security situation and governance and this administration, you cannot rule out all possibilities,” he said, adding, “but then there has to be an approach for government to consider.”
He did, however, explain that he cannot be preemptive at this point by stating unequivocally and unequivocally that reconciliation is being considered in the absence of an approach.
According to him, the government “will look into it for the purpose of looking at its weight, the authenticity of it, the good faith associated with it, and then bring about the significant factors relating to the negotiations or otherwise.”
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“As a result, it is not a conclusion that can be reached without juxtaposing related facts pertaining to the reconciliation.” There must be an approach followed by a counter-consideration.”
Malami added that no approach in that regard is currently under consideration, but it is something the government may consider when the time comes.
“As a result, no approach in that regard is currently on the table for consideration.” So we’ll cross the bridge when we get there; if a similar request is made, we’ll think about it,” he said.
While the federal government is fighting to extradite Igboho from Benin Republic to face criminal charges in Nigeria, it is also fighting to extradite Nnamdi Kanu from Nigeria.
Kanu and Igboho have both been at the forefront of separatist movements in Nigeria.
In new charges filed against Kanu last month at the Abuja Division of the Federal High Court, the government accused him of wilful destruction of lives and property, as well as attacks on security operatives and government infrastructure in Nigeria’s south east.
Some leaders from the two geopolitical zones, however, have called for a political solution to the crisis.
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Malami chastised the governors for “aprobating and reprobating at the same time” over the payment of fees to contractors who allegedly assisted the 36-state government in recovering excess deductions from the account during the payment of Paris Club loans.
He explained that the governors cannot come to deny a liability in 2021 after consenting to it and making multiple payments.
While arguing that the federal government is obligated to obey court orders and carry out court judgment executions, he claimed that the governors’ current litigation over the payment of consultancy services fees was belated.
“As I previously stated, the contested judgment was issued in 2013, and it was a consent judgment in which ALGON and the governors forum agreed to a judgment.”
“So what judgment are you talking about in 2021 in light of the fact that they consented to the judgment in 2013, in light of the fact that they have been effecting payment as far back as 2013, in light of the fact that they have written in their right, under their respective hands, committing to the payment of this consultancy fee we are discussing?”
“So I think it is logical for everyone to see that they were indeed submissive and in agreement, and that they conceded and consented to a judgment that created the liability they are now complaining about.”
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“They probated at some point in 2013 by submitting to judgment and then effecting payment over time.” Indeed, among the claims relating to the Paris Club that have been presented to the federal government over time is one relating to consultancy fees.
“So they’re doing the equivalent of approving and reprobating at the same time, conceding in 2013, and objecting in 2021.”
He denied having any relationship with the contractors or having any personal interest in keeping the federal government safe from unnecessary liabilities.
According to him, because the federal government was made a party to the suit, the federal government’s assets could be seized to pay the debt.
“As far as payment is concerned, the Attorney General’s office is not involved in any way.”
But the fact remains that judgments are meant to be enforced, and you are not expected to be speculative about the enforcements.
“When an award was made against Nigeria in the case of P&ID, we went to a court of law to have the enforcement proceedings set aside.”
Only after the proceedings were adjourned did we have a reprieve in terms of ensuring that no federal government asset was attached.
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“So the fact that they are in court, belatedly, again against the backdrop of having three months within which to appeal against the 2013 judgment, which they kept sleeping from 2013 until 2021, makes it illogical that they expect the federal government, or perhaps any institution of government confronted with a judgment and order of the court, to await their belated approach to court, which is indeed forum shopping.”
He also clarified that, in response to complaints from governors at the time, the administration enlisted the help of the EFCC and DSS to authenticate the project, as well as what was done and how much was spent.
According to Malami, the total judgment debt is estimated to be around $3.2 billion, of which the governors not only agreed to pay but have also been making payments until recently.
